ADDRESS BY THE HONOURABLE CHIEF JUSTICE [AG.] OF THE EASTERN CARIBBEAN SUPREME COURT HON. BRIAN ALLEYNE S.C. TO MARK THE OPENING OF THE LAW YEAR 2005/2006 TORTOLA BRITISH VIRGIN ISLANDS TUESDAY, 20th SEPTEMBER 2005 Protocol List Your Excellency, Mr. Thomas Macan, Governor of the British Virgin Islands Dr. the Hon. Orlando Smith, Chief Minister of the British Virgin Islands Ms. Dancia Penn Q.C., Deputy Governor of the British Virgin Islands Their Excellencies in the various courts who are sharing in this simulcast Heads of Government of the OECS The Honourable Speaker of the House and other Members of Parliament and of the Executive in the various courts The Honourable Judges of the Eastern Caribbean Supreme Court; The Attorney-General, Hon. Cherno Jallow and Hon. Attorneys General of the OECS The Acting Chief Registrar, Registrars and Deputy Registrars of the Eastern Caribbean Supreme Court Chief/Senior Magistrates and Magistrates of the OECS Learned members of the Inner Bar The Presidents of the OECS Bar Association and its constituent Bar Associations All other Members of the Legal fraternity Commissioners of Police and Police Officers Distinguished Guests 2 Citizens of the Eastern Caribbean Ladies and Gentlemen It gives me great pleasure to deliver what is my inaugural address to mark the opening of a Law Year in our jurisdiction. This is the sixth year that the opening of the Law Year has been marked by simultaneous sittings in each Member State and Territory within our jurisdiction by computerized video link to each courthouse. To date simulcast addresses have been relayed from St. Lucia, the Commonwealth of Dominica, the Federation of St. Kitts and Nevis, Antigua and Barbuda and St. Vincent and the Grenadines. Today, we come to you from Tortola in the British Virgin Islands. I wish to record our thanks to Cable and Wireless and its related organizations, and the Manager and members of the IT Department at the ECSC Headquarters for facilitating the simulcast of this address throughout our islands. I also think it appropriate at this time to congratulate the Government of the British Virgin Islands for the steps taken to ensure that today’s ceremony and its related events would be of the highest standards. Although we sit today in quite comfortable surroundings, I am aware that plans are underway for the construction of a judicial complex here in the BVI. I would imagine that those facilities are 3 likely to be a reality on the next occasion that a ceremony like this is held in the BVI. I divert to express condolences on my own and on the court’s behalf to the Dominica Bar and the family and friends of the late distinguished member of our profession, Dame Mary Eugenia Charles, a truly outstanding and remarkable personality of our times. Reviewing the Year – Changes at the helm The 2004-2005 Law Year opened in September 2004 with the Hon. Adrian Saunders at the helm of the Eastern Caribbean Supreme Court. Justice Saunders had been appointed as Acting Chief Justice following the departure of Sir Dennis Byron in June of that year to the International Criminal Tribunal for Rwanda, on a 3-year leave of absence. Just six months after Justice Saunders addressed by simulcast from St. Vincent and the Grenadines, he would himself leave our Court to take up the esteemed position of Judge of the Caribbean Court of Justice, the highest appellate court in our region. I wish once again to congratulate Justice Saunders on his appointment and his recognition as one of the eminent jurists in the region. 4 I would like to commend both Chief Justice the Rt. Hon. Sir Dennis Byron, and Justice Saunders, on their unwavering commitment to improving the administration of justice in our sub-region. I make this address as the 3rd Chief Justice of the ECSC in 18 months and I am well aware that because of the exceptional quality of both Sir Dennis and Justice Saunders, I have a hard act to follow. Today, I feel extremely honoured to preside over a Court, which can hold its own with any court in the Commonwealth because of the high judicial standards that it strives to uphold. The first simulcast address by the Chief Justice was delivered in 2000. At that time when speaking from St. Lucia, Sir Dennis Byron had this to say; “these addresses are intended to review the past year, and to report on projected activities for the ensuing year. It is also to emphasize our intention to render artificial the physical divide that the sea has created between our various Member States and Territories”. This address is an important part of our duty of accountability, as servants of the people of our sub-region. I hope that at the end of my address, you would conclude that what was intended would have been achieved. 5 Loss of a great man and jurist – Telford Georges Before I proceed further, I would like for us to acknowledge what has been a monumental loss to the legal world, the passing of the Rt. Hon. Justice Telford Georges, O.C.C. in January of this year. Telford Georges served the law and the legal profession both regionally and internationally with great distinction and I dare say without compare. Our Court remembers Justice Georges, among other things, for his service on the Judicial and Legal Services Commission from 1999 until his retirement in December 2003. We join his family and friends in mourning the loss of this great man and eminent jurist. Review – The Judiciary As previously mentioned the ECSC lost Justice Adrian Saunders to the CCJ in March of this year. Justice Denys Barrow S.C. filled the vacant position on the Court of Appeal. In June, with the concurrence of the Heads of Government, the number of Justices of Appeal was increased from 3 to 4 and Justice Hugh Rawlins became the 4th Justice of Appeal with effect from 1st September. 6 As the Chief Justice’s position is presently filled in an acting capacity, there remains a consequential acting vacancy on the Court of Appeal. At the High Court level, Justice Suzie d’Auvergne retired last October after 14 years of outstanding and dedicated service. She continued to serve as an acting Justice of Appeal until December. Justice Charmaine Pemberton resigned this March, returning to her native Trinidad and Tobago to take up a judicial appointment. We congratulate her and wish her well. Justices Gertel Thom and Sandra Mason Q.C. have now filled 2 of the vacant High Court positions. The recruitment process for other vacancies is well advanced and we anticipate that by the end of the Law Year there will be permanent appointments to complete the High Court complement of 16 judges. I think this is an opportune time to recognize the contribution of Justice Murray Shanks, who agreed to serve as an acting High Court Judge, assigned to St. Lucia, at a crucial time. The year has also seen quite a bit of movement at the High Court level, with a number of new postings and the redeployment of the judicial resources throughout the jurisdiction. Of notable 7 mention are the assignments in respect of Grenada and Antigua and Barbuda. The havoc caused to Grenada by Hurricane Ivan severely affected the justice system in that island. The High Court building, the Registry and a substantial number of lawyers’ office were severely damaged and consequently, the system came to almost a grinding halt. Having reviewed the situation, it was decided that 2 judges could adequately provide the necessary judicial support during the recovery and rebuilding phase, and the third resident judge has been redeployed to another State. In the case of Antigua and Barbuda, an analysis suggests that at this time, 2 resident Judges and the resident Master can handle the case- load in that State. Again, the 3rd judicial officer has been deployed to another State, the Federation of St. Kitts and Nevis, where reports show that additional judicial support is required. That judge will reside and sit primarily in Nevis and will also serve Montserrat and Dominica as the workload dictates. We intend to continue to use the reports generated by JEMS to ensure that all our limited resources are utilised to optimum effect at all times and that a quality justice system is maintained. 8 A Unified Judiciary The issue of recognising the Magistracy and integrating the Magistrates more fully into the regional Judicial system is an issue that has engaged the attention of the Court and the Governments for a very long time. A number of important studies have been done, most recently by the late Justice Telford Georges and Mr. Charles Maynard, who presented their Final Report on June 17, 2002. This consultancy was funded by the Canadian International Development Agency (CIDA) under the Judicial and Legal Reform Project, and we are in the process of considering its findings and recommendations. At the last meeting of the Authority of the OECS Heads of Government held in Dominica I was mandated to begin work on preparation of legislation to facilitate efficiency and effective functioning of the Magistrates and District Courts of the OECS. I expect that at the Magistrates’ Conference at the end of this week that will be an important issue for discussion. Issues of efficiency, accountability, effectiveness, management and administration, judicial independence, ethical standards, all must come in for consideration. The anomaly whereby some Magistracies and some Magistrates consider themselves accountable to the Executive through the office of the Attorney-General, or on the other hand accountable to no-one, is a matter that must engage our attention and the attention of the Executive.